§ 153.063 SEXUALLY ORIENTED BUSINESSES; ADDITIONAL LOCATION REQUIREMENTS.

   (A)   Purpose and intent. The purpose of this section is three-fold:

      (1)   To ensure that sexually oriented businesses are located so that they are separated from residential neighborhoods, where children and others are likely to be walking and should not be forced to encounter such a business in their daily activities;

      (2)   To ensure that sexually oriented businesses are sufficiently separated from libraries, parks, schools and houses of worship that persons visiting those places and institutions will not be forced to encounter such a business in close proximity to these places and institutions; and

      (3)   To ensure that sexually oriented businesses are sufficiently separated from one another that the county does not inadvertently create a “combat zone” or other area that is perceived to be dominated by those businesses or that causes the concentration of the secondary effects of those businesses in one area.

   (B)   Separation requirements.

      (1)   Sexually oriented businesses, as defined in § 153.011 shall be allowed only in the zoning districts in which a specific sexually oriented business is listed as a permitted use under Table A in § 153.036.

      (2)   A sexually oriented business shall be located with a minimum separation distance between itself and other specific uses as set forth in the table below.

Table D - Sexually Oriented Businesses; Minimum Separation Distance
Other Use	Minimum Separation Distance (Ft.)
House of worship	500
Other sexually oriented business	1,000
Public library	750
Public park, boys and girls club, YMCA or YWCA	750
Residentially zoned land	500
School	750

 

   (C)   Measurement. Measurements for purposes of this section shall be made from the nearest property line of the use which is not a sexually oriented business to the nearest property line of the sexually oriented business. If the sexually oriented business is located in a multi-tenant building, then the distance shall be measured from the nearest property line of the use which is not a sexually oriented business to the nearest line of the leasehold or other space actually controlled or occupied by the sexually oriented business.

   (D)   Limitations.

      (1)   School. The separation requirement from a school will apply only if one or more of the following applies:

         (a)   The school is a public school;

         (b)   The school has been in operation at the same location for one year or more; or

         (3)   The lot or parcel at which the school is now operating is owned by the organization operating the school.

      (2)   House of worship. The separation requirement from a house of worship will apply only if one or more of the following applies:

         (a)   The house of worship has been in operation at the same location for one year or more; or

         (b)   The lot or parcel at which the house of worship is now operating is owned by the organization operating the house of worship.

      (3)   Residentially zoned land. For purposes of this section only, RESIDENTIALLY ZONED LAND shall mean land carrying a county zoning district designation beginning with an R.

(Ord. O-C-07-6, passed 10-9-2007)